ECHR: Conviction for calling Muhammad a paedophile is not in breach of Article 10

In today’s Chamber judgment in the case of E.S. v. Austria (application no. 38450/12) the European Court of Human Rights held, unanimously, that there had been no violation of Article 10 (freedom of expression) of the European Convention on Human Rights. The case concerned the applicant’s conviction for disparaging religious doctrines; she had made statements suggesting that Muhammad had had paedophilic tendencies. Den Rest des Beitrags lesen »

EGMR: Forthcoming judgment on Thursday 25 October 2018 – E.S. v. Austria (no. 38450/12)

The applicant, E.S., is an Austrian national who was born in 1971 and lives in Vienna. The case concerns the applicant’s conviction for disparaging religious doctrines. Den Rest des Beitrags lesen »

EGMR: Excessive length of criminal proceedings concerning a conviction for sexual relations with a minor – Bivolaru v. Romania (no. 2) (application no. 66580/12)

In today’s Chamber judgment in the case of Bivolaru v. Romania (no. 2) (application no. 66580/12) the European Court of Human Rights held, unanimously, that there had been no violation of Article 6 § 1 (right to a fair trial) of the European Convention on Human Rights regarding the complaint of a failure by the High Court to take steps to hear Mr Bivolaru in person, and a violation of Article 6 § 1 (right to a fair trial within a reasonable time) with regard to the length of the proceedings. The case concerned criminal proceedings in which Mr Bivolaru – leader of a movement known as the “Movement for spiritual integration in the absolute” (“MISA”) – was sentenced to six years’ imprisonment for sexual relations with a minor. Den Rest des Beitrags lesen »

EGMR: Forthcoming judgment on Tuesday 2 October 2018 – Bivolaru v. Romania (no. 2) (no. 66580/12)

The applicant, Gregorian Bivolaru (alias Magnus Aurolsson), is a Romanian national who was born in 1952. He is the leader of a movement known as the “Movement for spiritual integration in the absolute” (“MISA”). The case concerns criminal proceedings in which Mr Bivolaru was sentenced to six years’ imprisonment on charges of sexual relations with a minor. Den Rest des Beitrags lesen »

EGMR: Deportation to Tunisia of a person deemed to be a threat to national security to Germany not in breach of the Convention

In its decision in the case of Saidani v. Germany (application no. 17675/18) the European Court of Human Rights has unanimously declared the application inadmissible. The decision is final. The case concerned the applicant’s deportation from Germany to Tunisia because he was deemed to be a potential offender who posed a threat to national security (so-called “Gefährder”), based on his activities for “Islamic State”. Den Rest des Beitrags lesen »

EGMR: Forthcoming judgment on Thursday 27 September 2018 – Saidani v. Germany (no. 17675/18)

The applicant, Haykel Ben Khemais Saidani, is a Tunisian national who was born in 1980. The case concerns the applicant’s deportation from Germany to Tunisia. Den Rest des Beitrags lesen »

EGMR: Exclusion from a courtroom of a woman wearing the Islamic headscarf (hijab) violates Article 9 of the Convention

In today’s Chamber judgment in the case of Lachiri v. Belgium (application no. 3413/09) the European Court of Human Rights held, by a majority (six votes to one), that there had been a violation of Article 9 (freedom of thought, conscience and religion) of the European Convention on Human Rights. The case concerned Mrs Lachiri’s exclusion from a courtroom on account of her refusal to remove her hijab. Den Rest des Beitrags lesen »

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